The Basics of Texas DWI

February 16, 2022

Driving a vehicle while intoxicated – commonly referred to as DWI – is considered a serious offense in Texas. Texas DWI laws are among the harshest and most restrictive in the entire country and a conviction can have serious legal and social consequences.

Given below are the key provisions of Texas DWI laws you should be aware of.

What is Considered DWI Under Texas Law?

Under Texas law, you can be considered ‘legally intoxicated’ and fit to be charged with a DWI under the following circumstances.

·        You have a BAC of 0.08% or more while driving, or

·        You lost the normal use of your mental or physical faculties from alcohol or drugs (including legally prescribed medicatons)

In other words, you can be charged with DWI in Texas even if your BAC is well within the legal limit – if your physical and mental faculties are impaired as a result of the alcohol, drugs, or any other controlled substance in your body.

It is notable that the aforementioned provisions are only applicable to non-commercial drivers. If you are a commercial truck driver or a school bus driver, you can be considered ‘legally intoxicated’ if you have a BAC of 0.04% or more.

Texas DWI Penalties

First Offense

·        Fine (up to $2,000, or $4,000 if your Bac is .15 or higher)

·        Jail sentence (up to 1 year with in county jail)

·        Driver’s license suspension (minimum 90 days)

Second Offense

·        Fine (up to $4,000)

·        Jail sentence (anywhere from one month to a year)

·        Driver’s license suspension (up to two years)

Third Offense

·        Fine ($10,000)

·        Prison sentence (2 to 10 years)

·        Driver’s license suspension (up to two years)

DWI With Child Passenger

The penalties for committing a DWI offense while transporting one or more children (under the age of 15) in your vehicle include:

·        Fine (up to $10,000)

·        Jail sentence (up to two years)

·        Driver’s license suspension (180 days)

Texas DWI laws also state that any person who commits a DWI offense while having a child passenger in their vehicle can be charged with child endangerment. It’s a state jail felony which is punishable by fine (up to $10,000) and jail sentence (up to two years).

Apart from this, a DWI conviction in Texas might also require you to install an ignition interlock device in your vehicle for a period of time. Moreover, a DWI conviction will put you under the ‘high-risk driver’ category, as a result of which your auto insurance rates will increase significantly.

The Importance of Hiring an Experienced Texas DWI Defense Attorney

A DWI conviction in Texas can have long-lasting consequences. Due to this, it is important you hire a skilled DWI defense attorney who can protect your rights and fight hard to get the charges against you dropped, dismissed, or reduced to the highest extent possible.

Led by Tyler Flood – who is one of the most successful and influential DWI defense attorneys in Texas – Tyler Flood & Associates, Inc. has helped scores of Texans successfully fight their DWI charges over the years. Tyler Flood is recognized as an ACS-CHAL lawyer-scientist who has a deep understanding of the scientific principles and techniques related to DWI cases.

Call our firm today at 713.224.5529 for a free review of your DWI case or contact us online to schedule a free consultation with one of our Texas DWI attorneys.


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Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
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